Kumari A. B. Rashmi v. Director/Secretary Common Entrance Test Cell
2006-07-13
N.K.PATIL
body2006
DigiLaw.ai
ORDER N.K. Patil, J.—The Petitioner, questioning the legality and validity of the impugned endorsement dated 29.6.2006 issued by 2nd Respondent vide Annexure-U, has presented this writ petition. Further Petitioner has sought to direct the 2nd Respondent to issue caste certificate to the Petitioner mentioning the caste as 'Ganiga' and also to direct the 1st Respondent to consider the case of the Petitioner under category-II(A) as per the Notification issued by the competent authority and published in the Karnataka Gazette Notification dated 11.4.2002 vide Annexure-A for the purpose of selection for Medical and Engineering courses. 2. The only grievance of the Petitioner in this writ petition is that, Petitioner is a brilliant student having secured very good marks with distinction in SSLC and PUC Examinations. Petitioner has also appeared in the CET Examination and secured 3915 ranking in Engineering, 3702 ranking in Medical and 3508 ranking in ISMH. Be that as it may. It is the further case of the Petitioner that, she has filed an application before the 2nd Respondent requesting to issue caste certificate claiming that, she belongs to 'Ganiga' caste. The 2nd Respondent, without conducting enquiry, without affording an opportunity to the Petitioner and contrary to the report submitted by the Revenue Inspector of the jurisdictional area and without assigning any reasons, has straightaway rejected her application, on the ground that, when he has made the spot inspection, he came to know that, Petitioner does not belongs to 'Ganiga Community' and issued the impugned endorsement dated 25.6.2006 vide Annexure-U. Being aggrieved by the impugned endorsement issued by the 2nd Respondent and seeking further directions, Petitioner has presented this writ petition. 3. I have heard the learned Counsel for Petitioner, learned Counsel for Respondent-1 and learned Additional Government Advocate for Respondent-2. 4. After careful perusal of the impugned endorsement issued by the 2nd Respondent dated 29.6.2006 vide Annexure-U, it emerges from the contents of the endorsement that, 2nd Respondent has committed a grave error, much less material irregularity in issuing the same. It is significant to note that, after the receipt of the application filed by the Petitioner, 2nd Respondent has directed the jurisdictional Revenue Inspector to make spot inspection and to submit his report as to whether the Petitioner belongs to 'Ganiga' community or not. In turn, the Revenue Inspector has submitted his report stating that, Petitioner belongs to 'Ganiga' Community.
It is significant to note that, after the receipt of the application filed by the Petitioner, 2nd Respondent has directed the jurisdictional Revenue Inspector to make spot inspection and to submit his report as to whether the Petitioner belongs to 'Ganiga' community or not. In turn, the Revenue Inspector has submitted his report stating that, Petitioner belongs to 'Ganiga' Community. The 2nd Respondent instead of considering the report submitted by the Revenue Inspector and issuing caste certificate, he has referred in the endorsement that, when he has made the spot inspection of the village, he learnt that, Petitioner belongs to "Lingayat Ganige" community and therefore, she is not entitled to seek caste certificate stating that she belongs to 'Ganiga' community and rejected the request made by the Petitioner, without conducting proper enquiry, without affording an opportunity to the Petitioner and without taking into consideration the relevant materials available on record. If the 2nd Respondent has afforded an opportunity to the Petitioner, she might have produced several documents to substantiate that she belongs to 'Ganiga' community. Therefore, in view of non conducting the proper enquiry and not affording sufficient opportunity to the Petitioner and in view of gross violation of principles of natural justice by the 2nd Respondent, I am of the considered view that, the impugned endorsement issued by the 2nd Respondent is liable to be set aside. 5. Having regard to the facts and circumstances of the case as stated above and taking into consideration the totality of the case in hand the writ petition filed by the Petitioner is liable to succeed. Accordingly, writ petition filed by the Petitioner is allowed. 6. The impugned endorsement dated 29th June, 2006 issued by the 2nd Respondent bearing No. AaJaPa:CR:1023/06-07 vide Annexure-U is hereby set aside. 7. Matter stands remitted back to the second Respondent for re- consideration afresh, with a direction to take appropriate decision, after affording an opportunity to the Petitioner and after considering the relevant materials produced by the Petitioner to substantiate her case that she belongs to 'Ganiga' Community and dispose of the same, giving top priority at any rate within two weeks from today. 8. Petitioner herein is directed to be present before the second Respondent, personally along with her father on 18th July, 2006 at 3 p.m. in his chambers. 9.
8. Petitioner herein is directed to be present before the second Respondent, personally along with her father on 18th July, 2006 at 3 p.m. in his chambers. 9. Further, Petitioner is permitted to produce all particulars along with her written submissions before the 2nd Respondent on the said date. 10. Further, 2nd Respondent herein is directed to consider the same and pass appropriate orders, within the time prescribed bove. 11. Further, it is needless to clarify that, if the Petitioner produces the caste certificate issued by the 2nd Respondent before the first Respondent, the first Respondent is hereby directed to issue provisional admission communication to her to enable her to take admission, without any further orders. 12. Learned AGA is permitted to file memo of appearance within two weeks from today.